Wrongly Convicted Database Record
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Charge: |
Manslaughter |
Sentence: |
1 year imprisonment |
Years Imprisoned: |
0.75 |
Year Crime: |
1973 |
Year Convicted: |
1975 |
Year Cleared: |
1976 |
U.S. State or Country of Crime: |
Massachusetts |
County or Region of Crime: |
Suffolk |
City of Crime: |
Boston |
Result: |
Judicially Exonerated |
Summary of Case: |
"Dr. Kenneth C. Edelin was wrongly convicted in 1975 of manslaughter for performing an abortion at Boston City Hospital on October 3, 1973. After his conviction by a jury he was sentenced to one year in prison and he was allowed to remain free on bond pending the outcome of his appeal. On December 17, 1976 the Massachusetts Supreme Judicial Court vacated Edelin's conviction and ordered his acquittal on the basis the prosecution introduced insufficient evidence of his guilt. The Court's majority (5-1) ruling stated in part: "In the comparative calm of appellate review, the essential proposition emerges that the defendant on this record had no evil frame of mind, was actuated by no criminal purpose, and committed no wanton or reckless acts in carrying out the medical procedures on October 3, 1973. A larger teaching of this case may be that, whereas a physician is accountable to the criminal law even when performing professional tasks, any assessment of his responsibility should pay due regard to the unavoidable difficulties and dubieties of many professional judgments.*525 The judgment is reversed and the verdict set aside. Judgment of acquittal is to be entered." [pgs. 524-525] The lone dissenter agreed Edelin's conviction should be reversed, but that a retrial should be ordered. Edelin died of cancer on December 30, 2013 in Sarasota, Florida." |
Conviction Caused By: |
The prosecution emphasized public animosity in Boston towards abortions. |
Innocence Proved By: |
"On December 17, 1976 the Massachusetts Supreme Judicial Court vacated Edelin's conviction and ordered his acquittal on the basis the prosecution introduced insufficient evidence of his guilt." |
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Was Perpetrator Identified? |
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Age When Imprisoned: |
34 |
Age When Released: |
35 |
Sex: |
Male |
Skin/Ethnicity: |
White |
Information Source 1: |
"Commonwealth v. Edelin, 371 Mass. 497, 359 NE 2d 4 (Mass: Sup Judicial Ct, 1976)" |
Information Location 1: |
"http://scholar.google.com/scholar_case?case=14445595996636533732&q=kenneth+edelin&hl=en&as_sdt=6,48" |
Information Source 2: |
"Kenneth Edelin, the doctor at focus of abortion fight, dies, By Bryan Marquard (Globe Staff), The Boston Globe, December 31, 2013" |
Information Location 2: |
http://www.bostonglobe.com/metro/obituaries/2013/12/31/kenneth-edelin-advocate-for-women-health-care-his-manslaughter-conviction-abortion-case-was-overturned/R4wxQ3deRTwbeD0P7UMA2L/story.html |
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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org